                                 CODE OF VIRGINIA

SERVICE RETIREMENT GENERALLY (§ 51.1-205)

A. Normal retirement. &#8212; Any member in service at his normal retirement
date with five or more years of creditable service (i) as a member in the
retirement system established by this chapter, (ii) as a member in the
retirement system established by Chapter 2.1 (&#xA7; 51.1-211 et seq.), or (iii)
while earning the benefits permitted by &#xA7; 51.1-138 may retire upon written
notification to the Board, setting forth the date the retirement is to become
effective. Any member, except one appointed by the Governor or elected by the
people, or a regional jail or jail farm superintendent, who attains 70 years of
age shall be retired within 60 days of attaining age 70. Any employer,
subsequent to the employee&#8217;s normal retirement date, may provide for
compulsory service retirement upon a determination that age is a bona fide
occupational qualification reasonably necessary to the normal operation of the
particular business or that the employee is incapable of performing his duties
in a safe and efficient manner. Any such determination shall be made by the
employer.
			Effective December 31, 2003, any member in service on June 30, 2002, and July
1, 2002, who is credited with five or more years of creditable service rendered
under Chapter 1 (&#xA7; 51.1-100 et seq.), this chapter, or Chapter 2.1 (&#xA7;
51.1-211 et seq.) shall not be subject to the vesting requirements of this
section, and &#xA7;&#xA7; 51.1-138 and 51.1-216.

B. Early retirement. &#8212; Any member in service who has attained his fiftieth
birthday with five or more years of creditable service (i) as a member in the
retirement system established by this chapter, (ii) as a member in the
retirement system established by Chapter 2.1 (&#xA7; 51.1-211 et seq.), or (iii)
while earning the benefits permitted by &#xA7; 51.1-138 may retire upon written
notification to the Board setting forth the date the retirement is to become
effective.
			Effective December 31, 2003, any member in service on June 30, 2002, and July
1, 2002, who is credited with five or more years of creditable service rendered
under Chapter 1 (&#xA7; 51.1-100 et seq.), this chapter, or Chapter 2.1 (&#xA7;
51.1-211 et seq.) shall not be subject to the vesting requirements of this
section, and &#xA7;&#xA7; 51.1-138 and 51.1-216.

C. Deferred retirement for members terminating service. &#8212; Any member who
terminates service after five or more years of creditable service (i) as a
member in the retirement system established by this chapter, (ii) as a member in
the retirement system established by Chapter 2.1 (&#xA7; 51.1-211 et seq.), or
(iii) while earning the benefits permitted by &#xA7; 51.1-138, may retire under
the provisions of subsection A, B, or D if he has not withdrawn his accumulated
contributions prior to the effective date of his retirement or if he has five or
more years of creditable service (a) as a member in the retirement system
established by this chapter, (b) as a member in the retirement system
established by Chapter 2.1 (&#xA7; 51.1-211 et seq.), or (c) while earning the
benefits permitted by &#xA7; 51.1-138, regardless of termination date, for which
his employer has paid the contributions and such contributions cannot be
withdrawn. For the purposes of this subsection, any requirements as to the
member being in service shall not apply.
			Effective December 31, 2003, any member in service on June 30, 2002, and July
1, 2002, who is credited with five or more years of creditable service rendered
under Chapter 1 (&#xA7; 51.1-100 et seq.), this chapter, or Chapter 2.1 (&#xA7;
51.1-211 et seq.) shall not be subject to the vesting requirements of this
section, and &#xA7;&#xA7; 51.1-138 and 51.1-216.

D. Effective date of retirement. &#8212; The effective date of retirement shall
be after the last day of service of the member, but shall not be more than 90
days prior to the filing of the notice of retirement.

E. Notification on behalf of member. &#8212; If the member is physically or
mentally unable to submit written notification of his intention to retire, the
member&#8217;s appointing authority may submit notification on his behalf.

HISTORY: Code 1950, §§ 51-134, 51-150; 1950, p. 884; 1954, c. 139; 1956, c.
562; 1962, c. 585; 1966, c. 628; 1970, c. 657; 1977, c. 620; 1982, c. 427; 1984,
c. 430; 1986, c. 474; 1988, c. 222; 1989, c. 484; 1990, c. 832; 1995, cc. 152,
692, 811; 1996, c. 997; 1999, c. 111; 2000, cc. 66, 657, 911; 2002, c. 466;
2004, c. 83; 2005, c. 146; 2008, c. 28; 2011, c. 483; 2012, c. 85.